North Dakota Statutes
§ 41-02-19 — (2-302) Unconscionable contract or clause
1.If the court as a matter of law finds the contract or any clause of the contract to have
been unconscionable at the time it was made, the court may refuse to enforce the
contract, or it may enforce the remainder of the contract without the unconscionable
clause, or it may so limit the application of any unconscionable clause as to avoid any
unconscionable result.
2.When it is claimed or appears to the court that the contract or any clause thereof may
be unconscionable, the parties shall be afforded a reasonable opportunity to present
evidence as to its commercial setting, purpose, and effect to aid the court in making
the determination.
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Related
Darby v. SWENSON, INC.
2009 ND 103 (North Dakota Supreme Court, 2009)
Dj Coleman, Inc. v. Nufarm Americas, Inc.
693 F. Supp. 2d 1055 (D. North Dakota, 2010)
Jamestown Farmers Elevator, Inc. v. General Mills, Inc.
413 F. Supp. 764 (D. North Dakota, 1976)
John T. Tharalson, and Cross v. Pfizer Genetics, Inc., a Corporation, and Cross
728 F.2d 1108 (Eighth Circuit, 1984)
Everkrisp Vegetables Inc. v. Tobiason Potato Co.
870 F. Supp. 2d 745 (D. North Dakota, 2012)
Nearby Sections
15
§ 41-01-01
(1-101) Short titles§ 41-01-02
(1-102) Scope of chapter§ 41-01-05
(1-105) Severability§ 41-01-07
(1-107) Section captions§ 41-01-09
(1-201) General definitions§ 41-01-10
(1-202) Notice - Knowledge§ 41-01-12
(1-204) Value§ 41-01-13
(1-205) Reasonable time - Seasonableness§ 41-01-14
(1-206) Presumptions